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2025 DAILYLAW 49704 (ALL)

DHARAMVIR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/13351/2025 · 2025-05-19

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84972-DB Court No. - 29 Case :- WRIT - C No. - 13351 of 2025 Petitioner :- Dharamvir Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lok Nath Shukla,Raj Kumar Tiwari Counsel for Respondent :- C.S.C.,Habib Ahmad Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Petitioner is aggrieved by issuance of recovery certificate issued by the revenue authorities on account of alleged default in repayment of loan. According to petitioner, the loan is not under any State Sponsored Scheme and, therefore, the issuance of recovery certificate is not in accordance with the Public Moneys (Recovery of Dues) Act. Reliance is placed upon the judgment of the full bench of this Court in Sharda Devi Vs. State of U.P., 2001 (3) UPLBEC 1941. Sri Habib Ahmad for the respondent Bank points out that the recovery certificate is in respect of two loan transactions, one of which is under the Pradhan Mantri Mudra Yojna, and the other is a Home Loan. Pradhan Mantri Mudra Yojna is a Central Sponsored Scheme and, therefore, it is urged that recovery certificate can be issued. Reliance is placed upon an order passed by coordinate bench of this Court in Writ-C No. 34383 of 2022. So far as recovery under the Pradhan Mantri Mudra Yojna is concerned, we find that the loan since is under a Central Sponsored Scheme and, therefore, the authorities would be entitled to proceed with the recovery. However, in respect of home loan, the transaction is in the nature of personal loan and recovery proceedings have been initiated under the SARFAESI Act, we hold that respondents would not be entitled to proceed with impugned recovery in respect of such home loan. In respect of home loan, it will be open for the respondents to proceed under the SARFAESI Act. The writ petition, accordingly, stands disposed of. Order Date :- 20.5.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad